Del. Phil Hamilton (STEVE HELBER, Associated Press / February 25, 2004)
I have just received confirmation that Phil Hamilton did indeed resign effective midnight last night, as reported by Bearing Drift. The question now is what happens to the ethics probe.
Some are saying that as a part of the deal, the probe will cease. I don’t know that such action is appropriate. Chapter 13 of Title 30 of the Virginia Code deals with conflicts of interests in the General Assembly. In particular, § 30-116 lays out the procedure for disposition. If the complaint is without merit, it is to be dismissed. If the complaint has merit and the violation was “not made knowingly,” the case is referred to the House Privileges and Elections committee.
If, however, the violation was made knowingly, the case get referred to the Attorney General’s office for disposition.
Surely the investigation should continue to the point of determining whether Hamilton knowingly or unknowingly violated the ethics rules. (I consider dismissing the complaint to not be an option.)
This seems like a political ploy to let Hamilton out of his ‘troubles’. Do we really need people in positions of power (Hamilton) getting away with blatantly thumbing their nose at the law?
The probe should continue, and he should get what anyone else in this situation would get; a supposedly fair trial.
Posted by Mark Brooks | Monday, November 16, 2009, 12:58 pmViv,
According to the Speaker’s office, the statutes refer to “legislators” throughout, so their interpretation of the law is that if you are not a legislator you are not subject to investigation by that panel. So they do believe Hamilton’s resignation ends that particular chapter. I always thought the grand jury was Phil’s bigger problem in any case.
Posted by Steve Vaughan | Monday, November 16, 2009, 3:29 pmIf you are depending on the Attorney Generals Office in Virginia to prosecute, that would be a waste of time. With Cucinelli coming in, you can bank on Republicans getting a pass for any law he “disagree’s” with. Virginia has taken a giant step backwards and we have no one to blame but ourselves. Hamilton will be a “get out of jail free” card from the McDonnell Administration. As far as the Grand Jury, doubt that will produce any charges either. Cards are stacked against the people!
Posted by T.W. Bonsac | Tuesday, November 17, 2009, 7:14 amWould anyone in his district have standing for a civil suit or possibly even criminal charges?
Posted by Max Shapiro | Tuesday, November 17, 2009, 11:23 amMax: presumably criminal charge, federal criminal charges, are what the grand jury is considering. Unlike state laws, federal public corruption statutes are pretty serios.
What would a constituent sue him for? You’d have to show that his actions specifically harmed you. That would be hard. And, legislators acting in their official capactiy are immune from most civil suits.
Posted by Steve Vaughan | Tuesday, November 17, 2009, 2:00 pm